Public Intoxication – Defenses – California Penal Code 647(f)
Orange County/Los Angeles Public Intoxication Attorney
There are several public intoxication defenses. It is important that you speak with a public intoxication attorney to know what defenses may be available in your case. Below you will see a few common public intoxication defenses that may be available. Call the Law Offices of Nam Q. Doan today at (714) 248-DOAN (3626).
You were not Drunk
In a public intoxication case, the prosecution must prove that you were under the influence of alcohol or drugs. Often times the arresting police officer does not test you to determine whether you have been drinking or on drugs. The officer usually just arrests you without taking the necessary steps to really know whether you were under the influence or not. This makes it difficult for the prosecution to prove that you were drunk in public. It is important to have an experienced public intoxication attorney who can clearly articulate this defense and communicate it to the court.
You were not in a Public Place
Another requirement the prosecution must prove is that you were in a public place. A public place is a place that is open and accessible to anyone who wishes to go there. This means that you cannot be arrested for public intoxication in places like your home.
Able to Care for Self
Even if you are under the influence, the prosecution must also prove that you were unable to exercise for your own safety. This will depend on the circumstances of the arrest, but having witnesses along with your side of the story would help in applying this public intoxication defense.
If you have been arrested for being drunk in pubic, call the Law Offices of Nam Q. Doan today at (714) 248-DOAN (3626). I am a public intoxication attorney working all over Southern California including Orange County, Los Angeles, and the Inland Empire. For more information, visit www.OCLegalDefense.com.
Public Intoxication – Overview